House of Lords Journal Volume 64: 13 March 1832

Die Martis, 13° Martii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Downham Market Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Downham Market to Barton, and to a Place called the Devil's Ditch, all in the County of Norfolk."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Martin and Mr. Roupell;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Little Yarmouth Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Little Yarmouth to Blythburgh, and from Brampton to Halesworth, in the County of Suffolk."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Fletcher's Petition referred to Judges in Scotland.

Upon reading the Petition of Andrew Fletcher Esquire, of Saltoun, in the County of Haddington; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Lord Glenlee, in Scotland, and Lord Moncreiff, in Scotland, or in their Absence, or the Absence of either of them, to Lord Balgray, in Scotland, and Lord Fullerton, in Scotland, and that the said Judges, or any Two of them, are forthwith to summon all Parties before them who may be concerned in the Bill, and, after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and are to sign the said Bill.

Hay et al. v. Rae et al.

Upon reading the Petition and Appeal of John Hay, Ship Owner in Leith, Thomas Grindlay, Ship Owner there, and James Wyld, Merchant there, Partners of and Trustees for The London and Edinburgh Shipping Company, and Registered Owners qua Trustees of the Smack or Vessel called the Comet; and Robert Bruce, residing in Leith, One of the Partners and Manager of the said Company in Leith; complaining of an Interlocutor of the Judge Admiral in Scotland, of the 8th November 1827, in so far as it repels the Dilatory Defences stated for the Petitioners; also of an Interlocutor of the said Judge Admiral, of the 10th of January 1828; also of an Interlocutor of the said Judge Admiral, of the 6th of March 1828, in so far as it "finds it not alleged by the Defenders that any of the Goods on board the Vessel were lost at Sea at the Time the Vessel was stranded, but that it is asserted merely, that, in the Confusion attending the landing of the Goods, some Packages were lost, and, among others, the Goods in question;" also of another Interlocutor of the said Judge Admiral, of the 15th of May 1828; also of an Interlocutor of the Lord Ordinary there, of the 9th December 1831; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 7th February 1832; and also of another Interlocutor of the said Lord Ordinary, of the 3d March 1832; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Rae, Draper in Glasgow, and Mathew Smellie and John Murdoch his Solicitors in Scotland, may be required to answer the said Appeal:"

It is Ordered, That the said William Rae, Mathew Smellie and John Murdoch may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 10th Day of April next; and Service of this Order upon the said William Rae, or upon any one of the said Mathew Smellie and John Murdoch, his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Hay et al. v. Rae et al.

Upon reading the Petition and Appeal of John Hay, Ship Owner in Leith, Thomas Grindlay, Ship Owner there, and James Wyld, Merchant there, Partners of and Trustees for The London and Edinburgh Shipping Company, and Registered Owners qua Trustees of the Smack or Vessel called the Comet; and Robert Bruce, residing in Leith, One of the Partners and Manager of the said Company in Leith; complaining of an Interlocutor of the Judge Admiral in Scotland, of the 8th November 1827, in so far as it repels the Dilatory Defences stated for the Petitioners; also of an Interlocutor of the said Judge Admiral, of the 10th of January 1828; also of an Interlocutor of the said Judge Admiral, of the 6th of March 1828, in so far as it "finds it is not alleged by the Defenders that any of the Goods on board the Vessel were lost at Sea at the Time the Vessel was stranded, but that it is asserted merely, that, in the Confusion attending the landing of the Goods, some Packages were lost, and, among others, the Goods in question;" also of another Interlocutor of the said Judge Admiral, of the 15th of May 1828; also of an Interlocutor of the Lord Ordinary there, of the 29th November 1831; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 7th February 1832; and also of another Interlocutor of the said Lord Ordinary, of the 3d March 1832; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Rae, Draper in Glasgow, and Mathew Smellie and John Murdoch his Solicitors in Scotland, may be required to answer the said Appeal:"

It is Ordered, That the said William Rae, Mathew Smellie and John Murdoch may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 10th Day of April next; and Service of this Order upon the said William Rae, or upon any one of the said Mathew Smellie and John Murdoch, his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Houlditch et al. v. Marq of Donegal.

The House being informed, "That George Augustus Marquess of Donegal, Respondent to the Appeal of Edward Houlditch, and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily within a Week.

Dame H. Gibson & Sir A. Gibson v. Maitland et al. Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of Dame Helen Maitland Gibson and Sir Alexander Charles Maitland Gibson Baronet, Appellants in a Cause depending in this House, to which Alexander Charles Maitland, and others, are Respondents; praying, "That their Lordships will grant them a Month's further Time for depositing Prints of their Case:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Sir P. Walker v. Craig, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of James Gibson Craig Esquire, Respondent in a Cause depending in this House, to which Sir Patrick Walker is Appellant; praying their Lordships "to grant him Leave to deposit his Case:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Clyne v. Manson & Goldie, Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of David Clyne, Appellant in a Cause depending in this House, to which Alexander Manson and Archibald Watson Goldie are Respondents; praying, "That their Lordships will be pleased to order that the Time for lodging the Petitioner's Case may be extended to Saturday the 28th of April next:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Balmer v. Hogarth et al: Balmer v. Hogarth:

Upon reading the Petition of Thomas Balmer, Appellant in a Cause depending in this House, to which John Hogarth Esquire, and others, are Respondents; and Appellant in another Cause depending in this House, to which John Hogarth Esquire is Respondent; praying, "That their Lordships will be pleased to order that he may have Leave to withdraw the above Appeals, the Respondents Agent having signed the said Petition, as consenting thereto:"

Appeals withdrawn.

It is Ordered, That the Petitioner be at liberty to withdraw his said Appeals, as desired.

Arundel Port Account delivered.

The House being informed, "That Mr. William Holmes, from the Commissioners of the Port of Arundel, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of the Receipts and Disbursements of the Commissioners of the Port of Arundel, from the 31st of December 1830 to the 31st of December 1831; together with the Report of the said Commissioners."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Paper do lie on the Table.

Metropolitan Comrs in Lunacy Account delivered.

The House being informed, "That Mr. Browne, from the Metropolitan Commissioners in Lunacy, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of all Monies received for Licenses by the Clerk of the Metropolitan Commissioners in Lunacy, and of all Monies received from and paid out of the Consolidated Fund to the said Clerk, from the 1st Day of August 1830 to the 1st Day of August 1831; specifying the several Heads of Expenditure."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Account do lie on the Table.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Turton & Entwisle Reservoir Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Reservoir upon Bradshaw Brook, in the Townships of Turton and Entwisle, in the Parish of Bolton-le-Moors, in the County of Lancaster, for providing a more regular Supply of Water in Bradshaw Brook aforesaid, and in certain Rivers connected therewith," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 57. L. 16. After ("made") insert ("or if any Public Bridge or the Road belonging to the same shall be thereby destroyed or damaged")

"L. 17. Leave out ("such Person shall receive")

"L. 19. Leave out ("from") and insert ("shall be made by")

And the said Amendments, being read a Second Time, were agreed to by the House.

Education, (Ireland,) Petition from Liverpool against proposed Plan of.

Upon reading the Petition of the Protestant Clergymen and Laymen residing in the Town and Neighbourhood of Liverpool, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to consider, on Protestant Principles, the Interests of the Poor in Ireland, and not permit any Enactment to pass for the Promotion of Education in that Country on any other Ground that the Holy Scriptures, pure and entire, shall be read in all the Schools; and that the peculiar Tenets of the Roman Catholic Church shall in no wise be taught under the Sanction or Patronage of the State:"

It is Ordered, That the said Petition do lie on the Table.

Remedies against the Hundred Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Berwick Roads Bill.

A Message was brought from the House of Commons, by Captain Maitland and others;

With a Bill, intituled, "An Act for more effectually repairing the Road leading from Berwick-upon-Tweed, by Ayton Bridge and Ayton, to Dunglas Bridge, and the Roads from Billie Causeway and Preston Bridge to join the said Road at or near Houndwood House and Bankhouse respectively, in the County of Berwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mills & Factories, Petitions for regulating the Hours of Labour in:

(Bishopsgate Street:)

Upon reading the Petition of the Inhabitants of Bishopsgate Street and the Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to restrict the actual working of Children in all the Mills and Factories of the United Kingdom to Ten Hours per Day for Five Days, and Eight on the remaining Day, and to prevent any Child under Nine Years of Age being worked in any Factory or Mill:"

It is Ordered, That the said Petition do lie on the Table.

Maidenhead:

Upon reading the Petition of the Inhabitants of Maidenhead and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "to adopt such Measures as shall effectually remedy the Evils attendant on the System of working Children, who are employed in the various Woollen, Cotton, Silk and other Factories throughout this Kingdom, at very tender Ages, for Twelve, Fourteen, Fifteen and even Sixteen Hours per Day, and often for longer Periods, with no Intermission but for Meals:"

It is Ordered, That the said Petition do lie on the Table.

Brigham, &c.

Upon reading the Petition of the Inhabitants of the Townships of Brigham, Greysouthen and Eaglesfield, in Cumberland, whose Names are thereunto subscribed; praying their Lordships, "That when the Measure for shortening the Hours of Labour for Children of a tender Age employed in Cotton, Woollen, Worsted, Flax and Silk Mills and Factories, comes before them, to pass it into a Law with all convenient Speed:"

It is Ordered, That the said Petition do lie on the Table.

Zemindar of Nozeed Bill, Petition of The East India Co. against.

Upon reading the Petition of the United Company of Merchants of England trading to the East Indies, under their Common Seal; taking notice of a Bill depending in this House, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company;" and praying their Lordships, "That the same may not be passed into a Law, and that they may be heard by their Counsel against the same:"

It is Ordered, That the said Petition do lie on the Table.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Cruelty to Animals, Petition of Society for Prevention of, against.

Upon reading the Petition of the Members and Friends of the Society for the Prevention of Cruelty to Animals, whose Names are thereunto subscribed; praying, "That their Lordships will take into Consideration the Propriety of passing a Law which shall more effectually place the Animal Creation under the Protection of the benevolent Part of the Community, than the Act made in the Third Year of His late Majesty King George the Fourth, to prevent the cruel and improper Treatment of Cattle:"

It is Ordered, That the said Petition do lie on the Table.

Agricultural Labourers Employment Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

Which being objected to;

After short Debate,

The said Motion was (by Leave of the House) withdrawn.

Ordered, That the House be again put into a Committee upon the said Bill on Monday next; and that the Lords be summoned.

Mutiny Continuing Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing an Act passed in the First Year of His present Majesty, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Thursday next.

Marine Mutiny Continuing Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing an Act passed in the First Year of His present Majesty, for the Regulation of His Majesty's Royal Marine Forces while on Shore."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Thursday next.

Clayton's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made One Amendment thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.